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2015 Supreme(SC) 135

M.Y.EQBAL, KURIAN JOSEPH
Sundaram Finance Limited – Appellant
Versus
T. Thankam – Respondent


JUDGMENT

KURIAN, J.:

Leave granted.

2. Once an application is duly filed in terms of Section 8 of The Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Arbitration Act’) before the civil court, what should be the approach of the court, is the short question arising for consideration in this case.

3. In a suit for injunction filed by the respondent, the prayer made was to restrain the first and second defendant institutions and their men from illegally taking away from the possession of plaintiff or her employee, or interfering with the use and enjoyment of ambassador or causing damage to the car bearing registration number KL-11-AA-1473 in the ownership and possession of the plaintiff by way of a decree of injunction. The car was purchased on loan granted by the appellant.

4. Duly complying with the procedure under Section 8 of the Arbitration Act, the appellant filed an application bringing to the notice of the trial court that in view of the agreement for arbitration between the parties regarding resolution of the disputes, the court did not have jurisdiction to try the case and the parties were to be directed to the process of arbitration in terms of the agreem





















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